Legal Opinion · Dissent

Ford Motor Co. v. United States

Court of Appeals for the Federal Circuit

Decided May 3, 2013No. 2012-1186Published

1DissentNewman, Circuit Judge

I agree that the statute and regulations require that the refund claim must be filed within one year of importation. However, the issue here is not the timely filing of the claim for refund; the timeliness of that filing is not disputed. The issue is whether the Customs regulation, 19 C.F.R. § 10.112, that permits later filing of a supporting “document” if certain conditions are met, applies to the Certificate of Origin that is required in order to obtain the claimed refund.

§ 10.112 Filing free entry documents or reduced duty documents after entry. Whenever a free entry or a reduced duty…

2Cases cited8 opinions

  1. Clark v. MartinezSupreme Court of the United States · 2005
  2. Frank A. Glover, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1999
  3. Xerox Corporation v. United StatesCourt of Appeals for the Federal Circuit · 2005
  4. Aviall of Texas, Inc. v. United StatesUnited States Court of International Trade · 1994
  5. Corrpro Companies, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2006

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